Ch 1: Subject Matter Jurisdiction Flashcards
(109 cards)
1
Q
What is subject matter jurisdiction?
A
A court’s competence to hear and determine cases of a general class and subject to which the proceedings belong.
2
Q
What are the five common congressional grants of subject matter jurisdiction?
A
- Federal question jurisdiction
- Diversity jurisdiction
- Supplemental jurisdiction
- Removal jurisdiction
- Legislative jurisdiction
3
Q
What presumption do federal courts operate under regarding jurisdiction?
A
A presumption of absence of jurisdiction until it determines the matter falls within its rightful jurisdiction.
4
Q
Can subject matter jurisdiction be waived by the parties?
A
No, unlike personal jurisdiction, subject matter jurisdiction cannot be waived or agreed to by the parties.
5
Q
Who can present an objection to subject matter jurisdiction?
A
Any party at any stage of a proceeding or the court itself.
6
Q
What is abstention in the context of federal jurisdiction?
A
A policy allowing federal courts to decline to exercise jurisdiction in certain circumstances in deference to a state court’s resolution.
7
Q
What is Pullman abstention?
A
Resolution of a state-law issue by the state court would eliminate the need for the federal court to decide a federal constitutional issue.
8
Q
What is Burford abstention?
A
Avoidance of federal involvement with a complex state regulatory scheme or matter of great importance to the state.
9
Q
What is Younger abstention?
A
The state action involves imposition of a civil fine or punishment for criminal activity or contempt of court.
10
Q
What is Colorado River abstention?
A
Applies to parallel proceedings that go beyond a mere waste of judicial resources.
11
Q
Under what circumstances is federal intervention appropriate?
A
- Unusual circumstances calling for federal equitable relief
- Significant and dire irreparable injury
- Prosecutorial bad faith
12
Q
What happens when a federal court lacks jurisdiction?
A
It must transfer the action to another federal court where it could have been brought.
13
Q
What is federal question jurisdiction?
A
Jurisdiction over all cases arising under the U.S. Constitution, laws, and treaties.
14
Q
What does Article III, Section 2 of the U.S. Constitution state regarding federal question jurisdiction?
A
Federal judicial power extends to all cases arising under the Constitution, the Laws of the United States, and Treaties.
15
Q
What is the difference between concurrent and exclusive jurisdiction?
A
State and federal courts have concurrent jurisdiction of federal question claims unless Congress provides for exclusive federal jurisdiction.
16
Q
What is required for federal question jurisdiction to exist?
A
The cause of action must be expressly created by federal law or a federal right must be implicated.
17
Q
What is the well-pleaded complaint rule?
A
Federal question jurisdiction exists only when the federal law issue appears on the face of the plaintiff’s properly pleaded complaint.
18
Q
What is diversity jurisdiction?
A
A basis for federal jurisdiction when parties are citizens of different states and the amount in controversy exceeds $75,000.
19
Q
What are the requirements for diversity jurisdiction?
A
- Parties are citizens of different states
- Amount in controversy exceeds $75,000
20
Q
What are the exceptions to diversity jurisdiction regarding state law?
A
- Probate
- Domestic relations
21
Q
What is complete diversity?
A
Diversity jurisdiction requires complete diversity; no plaintiff can be from the same state as any defendant.
22
Q
What is minimal diversity?
A
Exists if at least one plaintiff and one defendant are citizens of different states.
23
Q
What is the Federal Interpleader Act?
A
Allows minimal diversity to establish federal jurisdiction when property is claimed by two or more persons.
24
Q
What is the Multiparty, Multiforum Trial Jurisdiction Act of 2002?
A
Allows minimal diversity in civil actions arising from a single accident with at least 75 deaths.
25
What does 'realignment' refer to in determining diversity?
Courts look beyond the pleadings to determine the 'ultimate interests' and may rearrange parties accordingly.
26
What is the definition of domicile?
The state or country where a person resides and intends to remain indefinitely or where a corporation was incorporated or maintains its principal place of business.
27
How is diversity determined in a legal case?
Diversity is determined at the time the case is filed.
28
What happens if a corporation is the real party in interest in a derivative action?
The court will realign the corporation as a plaintiff.
29
Can an individual have more than one domicile at a time?
No, an individual can have only one domicile at a time.
30
What factors are considered in determining domicile?
* Exercise of civil and political rights (e.g., voting registration) * Payment of taxes * Ownership of real and personal property * Employment in the state
31
True or False: Diversity jurisdiction exists if both parties are noncitizens.
False.
32
What is the citizenship status of a noncitizen who is a permanent resident in the same state as a citizen?
Diversity jurisdiction does not exist.
33
What is a stateless person in terms of diversity jurisdiction?
A noncitizen present in the U.S. who is not a citizen or subject of a foreign country or a U.S. citizen whose domicile is a foreign country.
34
How are minors treated under diversity jurisdiction?
The legal representative is deemed a citizen of the same state as the minor.
35
What is the citizenship of a corporation for diversity purposes?
* State of incorporation * State of principal place of business
36
What is the definition of 'principal place of business'?
The location where high-level officers direct, control, and coordinate the corporation's activities.
37
What is the amount in controversy requirement for diversity jurisdiction?
Must exceed $75,000, exclusive of interest and costs.
38
True or False: Attorney's fees can be included in the amount in controversy.
True.
39
What happens if the amount in controversy is reduced after filing?
Jurisdiction will not be lost as long as the original claim was made in good faith.
40
What is aggregation of claims?
Combining the values of several claims to determine if the amount in controversy exceeds the threshold.
41
What is a compulsory counterclaim?
A claim arising out of the same transaction or occurrence as the plaintiff's claim.
42
What is a permissive counterclaim?
A claim arising out of a transaction unrelated to the plaintiff's claim.
43
What is the legal status of a defendant's counterclaim in relation to the plaintiff's claim for jurisdictional amount?
A counterclaim by a defendant does not count when determining if the plaintiff meets the jurisdictional amount.
44
What is the consequence of using improper devices to invoke federal jurisdiction?
Federal jurisdiction is prohibited.
45
What happens when there is a legitimate assignment of a claim?
The assignee's citizenship becomes determinative for diversity purposes.
46
What is prohibited under § 1359 regarding federal jurisdiction?
A party using improper or collusive devices to invoke federal jurisdiction.
47
In a legitimate assignment of a claim, who becomes the real party in interest?
The assignee.
48
Whose citizenship is determinative for diversity purposes in an assignment of claims?
The assignee's citizenship.
49
What happens if an assignment is done collusively to create diversity jurisdiction?
Diversity jurisdiction does not exist.
50
Can parties manufacture diversity jurisdiction by failing to join a nondiverse indispensable party?
No.
51
What is the effect of a voluntary change of state citizenship on diversity jurisdiction?
It may establish or defeat diversity jurisdiction.
52
Is a party's motive for changing citizenship relevant to the recognition of that change?
No, but the change must be genuine.
53
What is the common nucleus of operative fact test used for?
To determine if claims are related for supplemental jurisdiction.
54
What must additional claims satisfy to be eligible for supplemental jurisdiction?
They must arise out of a common nucleus of operative fact.
55
What is the distinction between substitution and replacement of parties?
Substitution allows a new party to take the place of the original party without satisfying diversity; replacement requires the new party to satisfy diversity.
56
Fill in the blank: A district court may exercise supplemental jurisdiction over additional claims if they form part of the same _______.
case or controversy.
57
Can a district court exercise supplemental jurisdiction over additional parties?
Yes, if the claims satisfy the common-nucleus-of-operative-fact test.
58
What is the requirement for permissive joinder under diversity jurisdiction?
The addition of that party cannot violate the diversity-of-citizenship requirement.
59
What is a compulsory counterclaim?
A claim that may be asserted by a defendant against a plaintiff without satisfying the jurisdictional amount.
60
What is the requirement for a permissive counterclaim?
It must satisfy the jurisdictional amount and the rule of complete diversity.
61
True or False: A crossclaim can be asserted regardless of the amount in controversy.
True.
62
Under what circumstances may a district court decline to exercise supplemental jurisdiction?
If the claim raises a novel issue of state law or predominates over original claims, among others.
63
What is the general rule regarding removal jurisdiction under § 1441(a)?
A civil action may be removed by the defendant to the district court for the district and division where the action is pending.
64
What must exist at the time of filing both the original action and the notice of removal in diversity cases?
Diversity of citizenship.
65
What happens if a party who prevents diversity jurisdiction is voluntarily dismissed?
Removal is permitted.
66
Fill in the blank: Removal jurisdiction is not a substitute for _______ or diversity jurisdiction.
federal question.
67
What is the home-state limitation in removal based on diversity jurisdiction?
A case cannot be removed if any defendant is a citizen of the state in which the action was brought.
68
What prevents removal based on diversity jurisdiction?
Joinder of a nondiverse party prevents removal even if joined to defeat diversity, provided there is a colorable basis for recovery from the joined defendant.
## Footnote
A colorable basis means there is a legitimate claim against the joined party under state law.
69
What is the home-state limitation for removal based on diversity jurisdiction?
A claim may be removed only if no defendant is a citizen of the state where the action was filed.
## Footnote
For example, a Texas corporation cannot remove an action against an Illinois defendant filed in Illinois state court.
70
What is the one-year rule regarding removal based on diversity of citizenship?
A matter cannot be removed based on diversity more than one year after the action commences, unless the plaintiff acted in bad faith.
## Footnote
Bad faith can include deliberately failing to disclose the actual amount in controversy.
71
What is the threshold amount in controversy for diversity jurisdiction?
The amount in controversy must exceed $75,000.
## Footnote
This applies if the plaintiff seeks nonmonetary relief, does not have to demand a specific sum, or can recover more than the amount demanded.
72
What happens if federal question claims are joined with non-removable claims?
The entire case may be removed, but the district court must sever and remand non-removable claims to state court.
## Footnote
This applies when federal question claims are independent of the other claims.
73
What are special removal rules for cases that can be removed?
Cases that can be removed include:
* Suit against U.S. or federal agency
* Suit against federal employee for vehicle operation
* Action asserting federal patent or copyright claim
* Action involving international banking or Federal Reserve Bank
## Footnote
These cases can be removed even if they do not satisfy original jurisdiction.
74
What are special removal rules for cases that cannot be removed?
Cases that cannot be removed include:
* Action against railroad under Federal Employers’ Liability Act
* Action against carriers for delays when amount in controversy ≤ $10,000
* Action under state workers’ compensation laws
* Actions under the Violence Against Women Act
## Footnote
These cases are exceptions to removal based on original jurisdiction.
75
What is the general procedure for filing a notice of removal?
A notice of removal must be filed within 30 days after receipt of the initial pleading or summons.
## Footnote
If the case is not removable initially, a notice can be filed within 30 days after the defendant receives an amended pleading that makes it removable.
76
What must be included in a notice of removal?
The notice must include:
* A short and plain statement of grounds for removal
* Be signed under Rule 11
* Be filed in the correct district court
* Accompanied by copies of all process, pleadings, and orders served on defendants.
## Footnote
This ensures the court is informed of the basis for removal.
77
What happens once a notice of removal is filed?
The defendants must give written notice to all adverse parties and file a copy with the state court.
## Footnote
This acts as a stay of state-court proceedings, preventing further action by the state court.
78
What is the requirement for all defendants regarding removal?
All properly joined and served defendants must join in or consent to the removal.
## Footnote
Exceptions exist for cases based on federal question jurisdiction and class actions under CAFA.
79
What is the procedure in district court after removal?
The Federal Rules of Civil Procedure apply, and new pleadings are not required unless ordered by the court.
## Footnote
Defendants must answer or present defenses within specified time frames after removal.
80
What are the time limitations for a jury trial demand after removal?
The removing party must file a jury trial demand within 14 days of filing the notice of removal.
## Footnote
The nonremoving party also has 14 days to file a demand after service of notice of removal.
81
What happens if the district court lacks subject matter jurisdiction?
The case must be remanded to the state court from which it was removed.
## Footnote
This can occur at any time before final judgment.
82
What is the burden of proof regarding the propriety of removal?
The burden is on the party who removed the case to establish proper removal.
## Footnote
This is important in challenges to the removal.
83
What is the procedure for remand?
A certified copy of the remand order must be mailed to the state court clerk, allowing the state court to proceed with the case.
## Footnote
This ensures proper communication between the courts.
84
What is generally not appealable regarding remand orders?
Remand orders are generally not reviewable on appeal, with exceptions for civil rights cases and class actions.
## Footnote
These exceptions allow for limited appeal rights.
85
What is legislative jurisdiction?
Legislative jurisdiction refers to federal courts created by Congress with jurisdiction over specific types of cases such as:
* United States Claims Court
* United States Court of Appeals for the Federal Circuit
* United States Court of International Trade
* United States Tax Court
* United States Bankruptcy Court
## Footnote
No amount-in-controversy requirement exists for these cases unless specified.
86
What is subject matter jurisdiction?
A court’s competence to hear and determine cases of a general class and subject.
## Footnote
It cannot be waived or agreed to by the parties.
87
What is federal question jurisdiction?
Federal courts have original jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.
88
What determines federal question jurisdiction?
Jurisdiction exists only when the federal issue is presented on the face of the plaintiff’s complaint.
89
What is required for diversity jurisdiction?
Opposing parties must be citizens of different states or citizens of a state and citizens of a foreign state, and the amount in controversy must exceed $75,000.
90
When must diversity exist for jurisdiction?
Diversity must exist at the time the complaint is filed.
91
What is complete diversity?
There is no diversity of citizenship if any plaintiff is a citizen of the same state as any defendant.
92
What is minimal diversity?
At least one plaintiff is diverse from at least one defendant, even if the citizenship of other plaintiffs and defendants overlaps.
93
What circumstances allow for minimal diversity?
* Federal Interpleader Act
* Class Action Fairness Act
* Interstate mass torts
94
How is citizenship determined for individuals?
Citizen of the state where the individual is domiciled.
95
How is citizenship determined for corporations?
Citizen of every state where the corporation is incorporated and has its principal place of business.
96
What is the citizenship determination for unincorporated associations?
Citizen of every state where its members are domiciled.
97
What controls citizenship for legal representatives?
The citizenship of the legal representative controls, with exceptions for decedents and infants.
98
What is the amount in controversy requirement?
A plaintiff's good-faith assertion that the amount exceeds $75,000 is sufficient unless there is legal certainty that the amount cannot be recovered.
99
When is aggregation of claims permitted?
* A single plaintiff against a single defendant
* A single plaintiff against multiple defendants that are jointly liable
* Multiple plaintiffs against a single defendant with a common interest
100
What actions can create or destroy diversity jurisdiction?
* Assignment of claims
* Failure to name indispensable parties
* Voluntary change of state citizenship
* Replacement of parties
101
What is supplemental jurisdiction?
A court can exercise it over additional claims that share a common nucleus of operative facts with a claim within the court’s original jurisdiction.
102
When can a federal court exercise supplemental jurisdiction over additional claims?
When the claims arise out of a common nucleus of operative fact.
103
What are the rules regarding permissive joinder and supplemental jurisdiction?
Permissive joinder by the plaintiff cannot destroy complete diversity.
104
What is removal jurisdiction?
A defendant may remove a case from state court to federal court with subject matter jurisdiction.
105
What are the requirements for removal based on diversity jurisdiction?
No defendant can be a citizen of the state in which the action was filed.
106
What must a defendant do to remove a case?
File a notice of removal within 30 days after receiving or being served with the initial pleading.
107
What happens if a federal court lacks subject matter jurisdiction after removal?
The case must be remanded to state court.
108
What must be considered regarding subject matter jurisdiction in removal cases?
* Timeliness of notice of removal
* Consent of all defendants
* Citizenship of defendants
109
What is a motion to remand?
A request to send a case back to state court if the federal court lacks subject matter jurisdiction.
